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(영문) 서울남부지방법원 2017.10.12 2017고단3678
야간건조물침입절도등
Text

A defendant shall be punished by imprisonment for one year.

Costs of lawsuit shall be borne by the defendant.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to one year in Seoul Southern District Court due to intrusion upon residence, larceny, etc. and completed the execution of the sentence on April 24, 2016.

1. From July 19, 2017, at around 22:59, the Defendant: (a) stored a microphone equivalent to KRW 115,00 (115,00) at the victim’s market price, which was on the top of the victim’s seat in Yeongdeungpo-gu Seoul Metropolitan Government, in the Esing room 12 of the victim’s operation of Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “C”), and stolen it.

2. On July 20, 2017, around 23:30 on July 20, 2017, the Defendant: (a) around the night structure intrusion theft: (b) around the instant restaurant operated by the victim G operator in Yeongdeungpo-gu Seoul Metropolitan Government F; and (c) around the restaurant, the Defendant laid off the unaccompanied food materials at the market, such as swine straws, which exceeded the cafeteria and kept in the air conditioners;

They go back.

Accordingly, the defendant invadedd a structure at night and stolen the victim's property.

Summary of Evidence

1. Written statements of D and G;

1. Police seizure records;

1. CCTV;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (verification of the same criminal record and the fact that the criminal record is in the period of repeated crimes);

1. Article 330 of the Criminal Act (a thief for intrusion on a structure at night) and Article 329 of the same Act (a thief for intrusion on a structure at night) concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The first crime for sentencing of Article 186(1) of the Criminal Procedure Act on the grounds of sentencing [the scope of recommendations] the first crime for general property [the scope of punishment] the second crime for the same type of repeated crime not falling under the aggravation of the specific crime [the scope of recommendations] [the scope of punishment] the mitigation area for the fourth type of general property (the special mitigation area between August and one year six months), the mitigation area (the special mitigation area) [the person who intrudes into places other than the indoor residential space] / The final sentencing scope for the multiple aggravated crimes for the same type of repeated crime not falling under the aggravation of the specific crime (the aggravated crime)] / The punishment scope for October to February 9 [the punishment for one year].

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